Czikowsky v. the Lebanon Zoning Brd. of Appeals, No. 112887 (Jul. 22, 1998)

MEMORANDUM OF DECISION RE: DEFENDANT MARTY GILMAN, INC'S MOTION TO DISMISS (#109)

I. Factual and Procedural History

In her appeal, the plaintiff, Anne Sanger, seeks review of the Lebanon Zoning Board of Appeals' (Board) grant of a variance applied for by Marty Gilman, Inc. The variance permitted an industrial driveway. The parcel of land at issue in this case lies partly in the Town of Bozrah and partly in the Town of Lebanon.

On September 9, 1997, the court (Koletsky, J.) granted the defendants' motions to dismiss as to all of the plaintiffs except Anne Sanger. The defendants moved for…